Legal Opinion

State v. Herrera

New Mexico Court of Appeals

Decided May 19, 1972No. 853PublishedCited by 20 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Convicted of burglary, defendant appeals. The applicable statute is § 40A-16-3, N.M.S.A.1933 (Repl.Vol. 6) as it existed prior to its amendment by Laws 1971, ch. 58. However, the statutory language is not material to the appeal. The issues concern: (1) denial of defense counsel’s request for a record of closing arguments of counsel; (2) alleged prosecutor misconduct by misstating testimony in closing argument; and (3) leading questions and hearsay evidence.

Record of closing argument.

Defendant’s counsel asked that a record be made of closing arguments “. . .so possible…

2Cases cited13 opinions

  1. Mayer v. City of ChicagoSupreme Court of the United States · 1971
  2. State v. PaceNew Mexico Supreme Court · 1969
  3. State v. HarrisonNew Mexico Court of Appeals · 1970
  4. State v. BurkNew Mexico Court of Appeals · 1971
  5. State v. MadridNew Mexico Court of Appeals · 1972

8 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. TalleyNew Mexico Court of Appeals · 1985
  2. State v. TaylorNew Mexico Court of Appeals · 1986
  3. State v. DuranNew Mexico Supreme Court · 1978
  4. State v. DiazNew Mexico Court of Appeals · 1983
  5. State v. FishNew Mexico Supreme Court · 1984

15 more not listed; retrieve them via the Exa API.

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